Simmons v. Guevara, Etc.

Based on the State’s admirable confession of error, we grant the Petitioner’s emergency petition for writ of habeas corpus, and order the immediate release of Petitioner on his own recognizance as required by Rule 3.134(1), Fla. Rules of Crim. Proc.

Petitioner was arrested on January 1, 2016 for burglary of an occupied dwelling and domestic battery via strangulation. Petitioner was held without bond, pending the filing of charges.

On February 3, 2016, the 33rd day of Petitioner’s detention, the State moved for an extension of time to file an information pursuant to Rule 3.134(2). In response,…